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Home ›SWANSON, ZIERDEN, DUTCHMAN ENTERPRISES, LLC AMENDED SUMMONS
STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF OTTER TAIL SEVENTH JUDICIAL DISTRICT Court File No.: 56-CV-23-2132 Quiet Title Jessica Swanson, Richard Swanson, Dutchmen Enterprises, LLC, Daniel Zierden, Tonya Zierden, Plaintiffs, vs. Loandepot.com, LLC, as Lender; Jeremy L. Krafnick; Amber Krafnick; Gate City Bank, a corporation, as Lender, Patrick T. Herzog, Amy L. Herzog, also the unknown heirs, successors or assigns of any of the above defendants, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the complaint herein. Defendants. AMENDED SUMMONS THIS SUMMONS IS DIRECTED TO: TO: Jeremy L. Krafnick, 313 N. Cascade St., Fergus Falls, MN 56537. Amber Krafnick, 313 N. Cascade St., Fergus Falls, MN 56537. Gate City Bank, 500 Second Avenue North, Fargo, ND 58102. Loandepot.com, LLC, their attorneys, Dana K. Nyquist, Orme & Associates, Ltd. 4040 Nicols Rd., Eagan, MN 55122. Patrick Herzog, 4632 Redbird Ln. SE Alexandria, MN 56308. Amy Herzog, 4632 Redbird Ln. SE Alexandria, MN 56308 1. YOU ARE BEING SUED. Plaintiffs have started a lawsuit against you. Plaintiffs’ Complaint against you is attached to this Summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons. 2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 21 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at: 220 W Washington Ave, Suite 105, Fergus Falls, MN 56537. 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s Complaint. In your Answer, you must state whether you agree or disagree with each paragraph of the Complaint. If you believe Plaintiffs should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint. 5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case. 6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute. 7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Otter Tail County, State of Minnesota, legally described as follows: Lot 11 Block 2, North Division of the City of Fergus Falls, Minnesota and that part of Lot 9, Block 2, North Division of the City of Fergus Falls, Minnesota, described as follows: Commencing at an iron monument at the southwest corner of said Lot 11, thence East on an assumed bearing along the south line of said Lot 11 for 131.20 feet to the point of beginning at the southeast corner of said Lot 11; thence North 00 degrees 03 minutes 39 seconds East along the east line of said Lot 11 for 50.00 feet to an iron monument at the northeast corner of said Lot 11; thence East on the easterly extension of the north line of said Lot 11 for 25.00 feet to an iron monument on the west line of the east 25.00 feet of said Lot 9; thence South 00 degrees 03 minutes 39 seconds West along the west line of the east 25.00 feet of said Lot 9 for 30.00 feet to the intersection with the south line of the north 80.00 feet of said Lot 9; thence continuing South 00 degrees 03 minutes 39 seconds West along the west line of the east 25.00 feet of said Lot 9 for 20.00 feet to the intersection with the easterly extension of the south line of said Lot 11; thence West along the easterly extension of the south line of said Lot 11 for 25.00 feet to the point of beginning. AND Those parts of Lot 8 and Lot 9, Block 2 of the plat of NORTH DIVISION OF FERGUS FALLS, and those parts of Lot D and Lot E of the ORIGINAL PLAT OF FERGUS FALLS, in the City of Fergus Falls, Otter Tail County, Minnesota, described as follows: Beginning at the northwest corner of said Lot 8, Block 2, NORTH DIVISION OF FERGUS FALLS; thence South 89 degrees 55 minutes 55 seconds West on an assumed bearing along the westerly extension of the north line of said Lot 8 for 25.00 feet; thence South 00 degrees 03 minutes 39 seconds West on the southerly extension of the west line of the east 25.00 feet of said Lot 9, Block 2 for 70.03 feet to the intersection with the north right of way line of Summit Avenue; thence East along the north right of way line of Summit Avenue for 50.00 feet; thence North 00 degrees 03 minutes 39 seconds East along a line which is located 25 feet east of and parallel with the west line of said Lot 8, Block 2 and the southerly extension thereof for 70.09 feet to the north line of said Lot 8, Block 2; thence South 89 degrees 55 minutes 55 seconds West along the north line of said Lot 8, Block 2 for 25.00 feet to the point of beginning. Containing 3,503 square feet, more or less, subject to easements, reservations and restrictions of sight or record, if any. The object of this action is Quiet Title Action. AHLGREN LAW OFFICE, PLLC Dated: June 21, 2024 /s/ by Sarah C. Duffy, By Sarah C. Duffy, No. 0393621 220 West Washington Avenue, Suite 105 Fergus Falls, Minnesota 56537 Telephone: 218-998-2775 Email: sarah@ahlgrenlawoffice.net ATTORNEYS FOR PLAINTIFFS (Published July 3, 10 and 17, 2024)